O-2024-78 Amending Planned Development-26 (PD-26) - Prosper Business Park on 71.1 Acres to Reduce Minimum Side Setback Adjacent to Technology LaneTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-78
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 71.1 ACRES, MORE OR LESS, SITUATED IN THE
PROSPER BUSINESS PARK, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, FROM PLANNED DEVELOPMENT-26 (PD-26) TO PLANNED
DEVELOPMENT-26 (PD-26), DESCRIBING THE TRACT TO BE REZONED;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request (Case ZONE-
24-0023) from Rocky Hussman ("Applicant"), to rezone 71.1 acres of land, more or less, Prosper
Business Park, in the Town of Prosper, Collin County, Texas, and being more particularly
described in Exhibit "A", attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all other
requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated_ The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 71.1 acres of land,
more or less, in the Prosper Business Park, Town of Prosper, Collin County, Texas, and all
streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned
Development-26 and being more particularly described in Exhibit "A", attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with (1) the Development Standards, attached
hereto as Exhibit C; (2) the Site Plan, attached hereto as Exhibit D, all of which are incorporated
herein for all purposes as if set forth verbatim.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time -to -time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm, or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty, Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that all remaining portions of this Ordinance shall remain in full force and
effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
Case No. ZONE-24-0023 Ordinance No. 2024-78, Page 2
SECTION 7
Savings/Repo,alg g_Clause. Prosper's Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THE 10TH DAY OF DECEMBER, 2024.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. elch, Town Attorney
Case No. ZONE-24-0023 Ordinance No. 2024-78, Page 3
SECTION 7
Savings/Repealing Clause. Prosper's Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THE 10TH DAY OF DECEMBER, 2024.
David F. Bristol, Mayor
ATTEST: c
r
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Case No. ZONE-24-0023 Ordinance No. 2024-78, Page 3
a� OF PRO
\ 19]4
xEXA$
\N
ZONE-24-0023
Exhibit "B"
Letter of Intent
The purpose of this amendment of Ordinance No. 17-85 (Planned Development-26) is to reduce
the minimum side yard setback for the building on Prosper Business Park, Block B, Lot 9, adjacent
to Technology Lane. The reduced setback will allow for increased screening of the storage yard
to the east of the property.
ZONE-24-0023
Exhibit "C"
Development Standards
This tract shall develop under the regulations of Ordinance No. 17-85 (Planned Development-
26) as it exists or may be amended with the following amendments:
1.0 Size of Yards
1.1 The setback requirements within this Planned Development District are amended
as follows:
• Minimum Side Yard:
o Twenty (20) feet adjacent to Technology Lane for the building
constructed on Prosper Business Park, Block B, Lot 9.
1 } 9 3SVIId (Z d0 [) Ntl7d HITS
?IZIVd SS3AIISRH H21dSOZIdLn
� 1*1
&...1"],:
vO S O S S O
Z-dS 133HS HOiVN
°�F mww 'gym w
n
4� �� gwo'3N� 'awe`°o°ate 3��jz S its
a i
wfi-, a, S -h
H3W -`�d°'a� --Como=;Foy„ 0.•3 a ° �Gg
gip'¢ o�w m6W=
bi
�M- A �.-a _ ..saes„�a° �a$o°>� 99f i io.21
la
m
N
d
a
zw
J
a
o
■
■o
III
oil
III
11
oil
01
oil
on
1 11
Wo
1110.
Wfl a U ro No G-n "3
m zero r valrs lar!
w '[4a ! �f H low
r•'1 lc�� ww1 1! 'ill'u low
1Il1Np OOnlM3 A[ 0]il61f
9N1?l33N15N3 E xL'Hadsond
KE
9 2[SVHa (Z d0 Z) NVId 911S
� � xaVa ssantisng aaasoxa � �' ,
o
a
o Z;
a w
o
il
RUN
m
m
Im"111
III
oil
III
mom
Mon
Bic
NEE
WEE
0
M
VdS 133HS HO1HW
aNU V 30 Z) NVId 3- I-d5\NVId—\SL33NS\—\9 35VN1 —11S—
•: euwa